Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Pensa Pharma, SA, against the decisions of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Ferring BV and Farmaceutisk Laboratorium Ferring A/S and Penso Pharma concerning the successful registrations by the latter company of a figurative mark 'pensa' and a word mark 'PENSA PHARMA' as Community trade marks. 

Immigration – Leave to remain. The first claimant Ukrainian national was granted leave to enter the United Kingdom via the highly skilled migrant programme (HSMP). The claimants sought judicial review of the defendant Secretary of State's refusal of indefinite leave to remain. The Administrative Court, in allowing the application, held that, as the application fell to be dealt with under the Immigration Rules as when he had entered the HSMP scheme, the Secretary of State had considered the application under the wrong Immigration Rules and she could not refuse the claimant indefinite leave to remain for having failed to satisfy a 'continuous residence' requirement. 

Contract – Breach. The claimant university claimed a sum of money in respect of payment due under the validation agreement, pursuant to four invoices rendered in 2012 to the defendant business school. By a letter dated 20 December 2012 the university purported to terminate the validation agreement on account of the defendant's LCB's failure to pay the moneys due under the invoices. LCB denied that the invoices were properly rendered under the validation agreement and asserted that the university's purported termination of the validation agreement was ineffective and was itself a breach of contract. There was also a counterclaim for suspension of the university of LBC's validation. The Queen's Bench Division held that the claimant was entitled to judgment in respect of the claim and the defendant was entitled to judgment on the counterclaim. 

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by Giovanni Cosmetics, Inco, against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal market (TradeMarks and Designs) concerning opposition proceedings between Giovanni Cosmetics, Inc. and Vasconcelos & Gonçalves, SA, regarding the application by the latter company for registration of a figurative sign depicting the words 'GIOVANNI GALLI' with the drawing of a duck, as a Community trade mark. 

Immigration – Leave to remain. The claimant sought judicial review of the defendant Secretary of State's decision returning his application for further leave to remain as a Tier 4 (General) student as invalid. The Administrative Court held that, despite the Secretary of State's delay in serving her summary and detailed grounds of defence, the public interest lay in permitting her to respond to the claim. It dismissed the claimant's application, as it was commenced one year and four month's out of time, and there had been no unlawfulness in the consideration of his claim or in the decision to reject it as invalid. 

Contract – Breach. The claimant mobile network and telecommunications distribution company brought a claim against the defendant, one of its former dealers, for specific and/or cumulative repudiatory breaches of contracts, alleging that the defendant's customer service had led them to having been obliged to terminate his dealership. The defendant counterclaimed for wrongful termination of the contracts. The Mercantile Court held that the claim succeeded on liability in respect of breach of contract and the counterclaim failed. All the contracts had been lawfully terminated. However, the claimant had proved no contractual loss or damage as had been claimed. 

Practice – Summary judgment. The claimant and the defendant companies had entered into a joint venture agreement concerning the development of a property. The Chancery Division granted the claimant summary judgment on its claim for specific performance of the agreement, specifically in respect of the transfer of shares from the defendant to the claimant where the defences raised stood no reasonable prospects of success. 

Company – Director. The claimant Secretary of State for Business, Innovation and Skills brought proceedings against the defendants, who were the directors of a company that imported plywood and sheet materials. He submitted that the defendants had made a number of false representations regarding the company's finances. The Chancery Division held that, on the evidence, the defendants were unfit to be concerned in the management of a company. A disqualification order would be made against either of them. 

European Union – trade marks. The General Court of the European Union dismissed the action brought by Lithomex ApS (Lithomex) against the decision of the Fifth Board of appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Glaubrecht Stingel GmbH & co. KG and Lithomex concerning the successful registration by Lithomex of the word sign 'LITHOFIX' as a Community trade mark. 

European Union – Consumer law. The Court of Justice of the European Union gave a preliminary ruling, deciding that arts 2(1)(a)(i) and 3(1)(2) of Council Directive (EC) 2000/13 of the European Parliament and of the Council (on the provision of food information to consumers) should be interpreted as precluding the labelling of a foodstuff and methods used for the labelling from giving the impression, by means of the appearance, description or pictorial representation of a particular ingredient, that that ingredient was present, even though it was not in fact present and that was apparent solely from the list of ingredients on the foodstuff's packaging.